Chandrasekar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Chandra Sekar S/o.Thiru.Kalyanasundaram ..

Petitioner Vs.

1.

The Inspector of Police All Women Police Station - Mannargudi Mannargudi - Post & Taluk Thiruvarur - District.

2.

Mahalakshmi, W/o.Chandra Sekar 3.

Krishnasamy S/o.Durairaj Mudaliar 4.

Lalitha W/o.Krishnasamy ..

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 1st respondent to produce the corpus of the minor childrens namely, Manisa, Female child aged 16 Page Nos.1/4

years D/o.Chandrasekar and Sai Krishna Male child aged 8 years, S/o.Chandrasekar before this Hon'ble Court from the illegal custody at the hands of the 3rd and 4th respondents and hand over to the petitioner. For Petitioner :

Mr.D.Veerasekaran For R1 :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.D.Veerasekaran, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' ['HCP'] but made a request to preserve all the rights and contentions of the petitioner to move the jurisdictional Court or Hon'ble single Judge in this Court inter alia under the Guardian and Wards Act, 1890 or for any other relief under Matrimonial Law or any other applicable Statute or code in this Court / any other Fora as it is an issue between the petitioner and second respondent who are spouses and their minor children.

2. We are informed that two minor children of the petitioner and second respondent are now with the respondents 3 and 4 who are maternal grandparents of the minor children. In this view of the matter, request is acceded.

Page Nos.2/4

3. Learned counsel has also made an endorsement in the case file and a scanned reproduction of the same is as follows:

4. In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn preserving all the rights and contentions of the petitioner in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 30.01.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., To 1.

The Inspector of Police All Women Police Station - Mannargudi Mannargudi - Post & Taluk Thiruvarur - District.

2.

The Public Prosecutor High Court, Madras.

30.01.2023 Page Nos.4/4